Waiver of Frivolous Return Penalty Imposed Under ORS 316.992

The department will waive 50 percent of the $250 penalty if the taxpayer:

(1) Submits a timely written request for waiver as required in OAR 150-305-0068;

(2) Files a return for that same tax year that is not frivolous under ORS 316.992; and

(3) Pays the balance of the account (other than the penalty amount that may be waived under this rule) for the tax period for which waiver is requested, or has entered into and is in compliance with a department-approved plan for payment of the amounts.